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1997-0214_GLENFED DEV CORP._Retention Release JMaen i � e MEMBERS OF THE CITY COUNCIL COLLENE CAMPBELL JOHN R February 14, 1997 1t MORPOeetto WYATT HART fi:. s.( 1961 GIL JONES 1776 i DAVID M.SWERDLIN • l • CITY MANAGER GEORGE SCARBOROUGH Mr. Richard Curtis, Jr. GlenFed Development Corporation 401 North Brand Boulevard, Suite M-722 Glendale, California 91203 Re: Completion of Public Street Improvements. Tract 12262 and 12423 Dear Mr. Curtis: Per City Council action of February 4, 1997, the following bonds are hereby released: BOND NO. PURPOSE AMOUNT 6154409 Construction of Off-Site $64,615 Improvements 6154412 Construction of Off-Site $74,680 Improvements Enclosed are certified copies for your records. If you have any questions, please do not hesitate to call me at (714) 443-6310. Very truly yours, 1at019/1• and/tel-bLe Dawn M. Schanderl Deputy City Clerk Enclosure cc: William Huber, Director Engineering & Building Sam Shoucair, Civil Engineer Fidelity and Deposit Company of Maryland nnrl nntTn cn .r minor nntr- rnnr.,n r- nr rrnnnit (711) iiq'4-1171 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, DAWN M. SCHANDERL, Deputy City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the attached is a true and correct copy of the following document: 1. Subdivision Faithful Performance Bond No. 6154409, dated February 8, 1988, in the reduced amount of$64,615 and regarding construction of off-site improvements, Improvement Agreement, Tract 12262 (Glendale Development Corporation). 2. Subdivision Labor and Material Bond No. 6154409, dated February 8, 1988, in the reduced amount of $64,615 and regarding construction of off-site improvements, Improvement Agreement for Tract 12262 (Glendale Development Corporation). 3. Subdivision Faithful Performance Bond No. 6154412, dated February 8, 1988, in the reduced amount of$74,680 and regarding construction of off-site improvements, Improvement Agreement, Tract 12423 (Glendale Development Corporation). 4. Subdivision Labor and Material Bond No. 6154412, dated February 8, 1988, in the reduced amount of$74,680 and regarding construction of off-site improvements, Improvement Agreement for Tract 12423 (Glendale Development Corporation). (SEAL) Atooli • (! �/ DAWN M. SCH• P ERL, DEPUTY CITY CLERK San Juan Capistrano, California Dated this 14th day of February, 1997. t''''''\ 0 Be prestarn chwge,..1, :or I ms ococ, • fa the cam :hares SUBDIVISION FAITHFUL PERFORMANCE BOND / (GOVERNMENT CODE S 66499 . 1) C -�'O 641)t/- .(97)� 9/ dg26,2_, WHEREAS , the City Council of the City of San Juan Capistrano , State of California, and flenfed Development Corporation (hereafter designated as "Principal") , have entered into a Sub- division Agreement whereby Principal agrees to install and complete certain designated public improvements , which said Agreement dated February 8 , 1488 , and identified as Project Tract 12262 , is hereby referred to a4d made a part hereof; and WHEREAS , said Pr .ncipal is required, under the terms of the said Agreement, to furnish a bond for the faithful performance of said Agreement; . NOW, THEREFORE, we, the Principal and Fidelity and Deposit Company of Maryland , as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee") , in the sum Of Two Hundred Fifteen Thousand Three Hundred Eighty Two Dollars, lawful money of the United States , for the payment of . which sum well and trul to be made, we bind ourselves , our heirs , successors, executors d administrators , jointly and severally, firmly by these presen . NOW, THEREFORE , the condition of this obligation is such that if Principal shall promptly and faithfully perform said improvements , then the obligation shall be null and void; otherwise it shall remain in full force and effect. Surety waives any rights , if there by any, to require that a demand be made first against the Principal in the event of default. RELEASED BE IT FURTHER RESOLVED: DATE 0?._11 -41 INITIALS OE' ,,11._ • 1 . As a part of the obligation secured hereby , and in r) addition to the face amount specified, there shall be included costs and reasonable expenses and fees , including reasonable attorney' s fees , incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modifi- cation of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alterations , or modifications of the contract documents or of work to be performed thereunder . Executed this 8th day of February , 1988 , at Pasadena , California. PR 'CI P ' • Glenfed Development Corpora tic is — v• d.�i� (ham tc, v. P (NOTARIZATION AND SEALY SURETY APPROVED AS TO FORM. Fidelity d De sit Company of Maryland I 0 i ata.4.0 B : 1"--7 27-- --:—/'--‘—.2 ....—. . a e Ch rl s F . Wilson , Attorney-in- fact Aill &-•, (NOTARIZATION AND SEAL) J- , R. Shaw ' Attorney CAT. NO.TNIN00737 TO 1945 CA(8-84) (Corporation) J TICOR TITLE INSURANCE 3 STATE OF CALIFORNIA } COUNTY OF Los Angeles SS. On February 8 , 1988before me, the undersigned, a Notary Public in and for t said State, personally appeared Tak Fuji i personally known to me or proved to me on the basis W of satisfactory evidence to be the person who executed s the within instrument as the S r . Vice W z President, and' W i l l i Fim R . Willis w personally known to me or ..... ......_ L• proved to me on the basis of satisfactory evidence to be +•� ° OFFICIAL SEAL • the person why executed the within instrument as the o ANGELA M. RY3KA I V 1 c e President )tik- of the Corporation w�' "��!►`s��'� NOTARY PUBLIC-CALIFORNIA ILL that executed the within instrument and acknowledged V PRINCIPAL OFFICE IN to me that such corporation executed the within instru- N.'r 'r LOS ANGELES COUNTY 1 ment pursuant to its by-laws or a resolution of its ' ,•o , My Commission Exp. Nov. 6, 1990 board of directors. WITNESS my/hand and official seal. t I , � ( Signature '� k u L��� k,_ t- ( I19b (This area for official notarial seal) ' / • V Cal fo�M STATE OF____ nia SS: COUNTY OF______L _i_ w 1 .S On this 8th day of February , in the year �9 8 8 , before me 'LINDA L. C H I P M AN. , Notary Public, personally appeared thARLES F. WILSON , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument as attorney-in-fact of the Fidelity and Deposit Company of Maryland, the corporation therein named, and acknowledged to me that the corporation executed it. r �.,,� 0 ti OFFICIAL SEAL - X �� LINDA L. CHIPMAN (:). -,-,--- Q -e.-1. Notary Public-California Acknowledgement Certif.a ',- A •* ,° Principal Office In .�:u Los Angeles County v,n,a,,,' My Comm. Exp. Apr. 11, 1989 L9427(CAI-5M, 7- . +a-a...-r.-•-4-***-•••H••••♦ STATE oF_ California Los Angeles ss: COUNTY OF g On this 8th day of February , in the year �9 8 8 , before me LINDA L. CHIPMAN , Notary Public, personally appeared Ch . 7.0 F. WILSON , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument as attorney-in-fact of the Fidelity and Deposit Company of Maryland, the corporation therein named, and acknowledged to me that the corporation executed it. FF~ ++~•~• fP� o ti OFFICIAL SEAL � ���� LINDA L. CHIPMAN „cr�_ K�-- YNotary Public-California 1"- Acknowledgement Certificate "{I11'131 s ,,1 � Principal Office In J Los Angeles County Y ; -...:" My Comm. Exp. Apr. 11, 1989 L4427 ICA I-5M, 7-86 24440-40-40-0-•-•-•-•••-•-•÷11-•••-•-••••N-.... Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME ()ma. BALTIMORE.MD. KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corpora- tion of the State of Maryland, by C. M. PECOT, JR. Vice-President, and C. W. ROBBINS , Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Com- pany, which reads as follows: Sec.2.The President,or any Executive Vice-President,or any of the Senior Vice-Presidents or Vice-Presidents specially author- ized so to do by the Board of Directors or by the Executive Committee,shall have power,by arid with the concurrence of the Secre- tary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require,or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings,recognizances,stipulations, p)licies,contracts,agreements,deeds,and releases and assignments of judgments,decrees, mortgages and instruments in the nature of mortgages,and also all other instruments and documents which the business of the Com- pany may require,and to affix the seal of the Company thereto. does hereby nominate, constitute arid appoint Charles F. Wilson of Los Angeles, California its true and lawful agent and Attorney-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings And the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Company,as fully and amply, to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Baltimore, Md., in their own proper persons. The said Assistant Secretary does herelhp certify that the aforegoing is a true copy of Article V!, Section 2, of the By-Laws of said Company, and i. now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this ....21s.t day of April , A.D. 19 ..81. •�� FIDELITY AND DEPOSIT COMPANY OF MARYLAND JJ" ���s''' ATTEST: Tj SEAL�� e 0.) n ejtji?"''< YB �;.1...•��• A ssistant Secretary Vice-President STATE OF MARYLAND ` SS: CITY OF BALTIMORE J On this 21st day of April , A.D. 19 81 before the subscriber, a Notary Public of the State of Maryland,in and for the City of Baltimore,duly commissioned and qualified,came the above-named Vice-President and Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and they each acknowledged the execution of the same,and being by me duly sworn, severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid,and that the seal affixed to the preceding instrument is the Corporat: Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal,at the City of Baltimore,the day and year first above written. •��.�s) Notary Public Co .ossion Expires.�Iuly-..1_,-..1. 82 `' ''' CERTIFICATE I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the original Power of Attorney of which the foregoing is a full,true and correct copy,is in full force and effect on the date of this certificate;and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents spe- cially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI,Section 2 of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969. RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 1h day of February 19 8 -- L1426Ctf.-012 Assista Secretary FOR YOUR PROTECTION LOOK FOR THE F&D WATERMARK 6154409 Aida.Md.- .. RELEASED 4m,1-)/I" 612 r/6 Premium Included 1176a-d 14o ---AND MATERIAL BOND INiTIALSWA/(1 KNOW' ALL MEN BY THESE PRESENTS: That WHEREAS, the City of San Juan Capistrano, a municipal corporation of Orange County, California, has awarded to Glenfed Development Corporation , License No. , hereinafter designated as "Principal", a contract for Tract 12262 Const . of offsite improvements ; and WHEREAS, said Principal is required to furnish a bond in connection with the said contract providing that if said Principal, or any of his or its sub-contractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the surety or this bond will pay the same. NOW, THEREFORE, we Glenfed Development Corporation Principal, and Fidelity and Deposit Cormnanv of Maryland , as surety, are held firmly bound unto the City of San Juan Capistrano, a municipal corporation, in the penal sum of Two Hundred Fifteen Thousand Three Hun . Eighty TwcDOLLARS ($ 215 , 382 ), lawful money of the United States of America, for payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, if said Principal, his or its heirs, executors, administrators, successors or assigns, or sub-contractors, shall fail to pay for any materials, provisions, provender, or teams, or other supplies or equipment used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor as required by the provisions of Title 1, Division 5, Chapter 3 of the Government Code of California as amended, that the surety will pay for the same in an amount not exceeding the sum specified in this bond and also in case suit is brought upon the bond, a reasonable attorney's fee to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under said act, so as to give a right of action to them or their assigns in any suit brought upon this bond. FURTHER, the said surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder shall in any way affect its obligation on this bond and it does hereby waive notice of any such change, extension of time, alteration or modification of the contract documents or of work to be performed thereunder. As a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. • IN WITNESS WHEREOF three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and surety herein named on the 8th day of February 19 88 . The name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. G enfed evelopment Corporation R1NC1 AL t - - fir. �J•c By w "4 ,0v. Fidelity and Deposit Company of Maryland SURETY By Charles F . Wilson, Attorney-in-fact APPROVED AS TO FORM , 1 ir-` R. SHAW, ATTORNEY a 4 A 1 • • •. . 011111111 WW1 . , FEBC ' CP Of- Cs 4/. .4 SAN Jcli SI AT RI"° A .• CAT. NO. NN00737 TO 1945 CA (8-84) (Corporation) J TICOR TITLE INSURANCE 1 STATE OF CALIFORNIA COUNTY OF Los Angeles } SS. On February 8 , 1988 before me, the undersigned, a Notary Public in and for t said State, personally appeared '261k Fuji' personally known to me or proved to me on the basis w of satisfactory evidence to be the person who executed ✓ the within instrument as the S r . Vice W • z President,and William R . Willis ipersonally known to me or •" �,4 OFFICIAL SEAL < proved to me on the basis of satisfactory evidence to be • ANGELA M. RYBKA : • the person who, executed the within instrument as the ..0, . , NOTARY PUBLIC•CALIFORNIA Vice President >�of the Corporation '.• 4.,-4::',:V.` PRINCIPAL OFFICE IN that executed the within instrument and acknowledged ` '°tit%r LOS ANGELES COUNTY to me that such corporation executed the within instru MY Commission Exp. Nov. 6, 1990 ment pursuant to its by-laws or a resolution of its board of directors. " WITNESS my and and official seal. Signature Wily Oo__ P ' Vi#9 Q (This area for official notarial seal) 1 ("N "") ille pt•esdum chcugs d :or tea Dos& �{ b J4'-09 s _!oc the �rra thereof • (2) fi) SUBDIVISION FAITHFUL PERFORMANCE BOND / (C: {GOVERNMENT CODE § 66499 . 1) t_Lt� ° L`t�. 6'46/S < -7) g/H// Gz''>'ymv WHEREAS , the City Council of the City of San Juan Capistrano , State of California, and Glenfed Development Corporation (hereafter designated as "Principal") , have entered into a Sub- division Agreement whereby Principal agrees to install and complete certain designated public improvements , which said Agreement dated February 8 , 1988 , and identified as Project Tract 12262 , is hereby referred to and made a part hereof; and WHEREAS , said Principal is required, under the terms of the said Agreement, to furnish a bond for the faithful performance of said Agreement; . NOW, THEREFORE, we, the Principal and Fidelity and Deposit Company of Maryland , as Surety, are held firmly bound unto the City of San Juan Capistrano (hereafter called "Obligee") , in the Sum of Two Hundred Fifteen Thousand Three Hundred Eighty Two Dollars, lawful money of the United States , for the payment of . which sum well and truly to be made, we bind ourselves , our heirs , successors , executors and administrators , jointly and severally, firmly by these presents . NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly and faithfully perform said improvements , then the obligation shall be null and void; otherwise • it shall remain in full force and effect. Surety waives any rights , if there by any, to require that a demand be made first against the Principal in the event of default. BE IT FURTHER RESOLVED: • 1. As a part of the obligation secured hereby , and in t) addition to the face amount specified, there shall be included costs and reasonable expenses and fees , including reasonable attorney ' s fees , incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. 2. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modifi- cation of the contract documents or of the work to be performed thereunder, shall in any way affect its obligations or this bond, and it does hereby waive notice of any such change, extension of time, alterations , or modifications of the contract documents or of work to be performed thereunder . Executed this 8th day of February , 1988 , at Pasadena , California. PRIM I AL Glenfed Development Corporatic , tijk)% 14; —. )vtp . mmoimmor IMMO (NOTARIZATION AND SEAL? 4 SURETY APPROVED AS TO FORM. Fidelity a Deposit Company of Maryland 0 1 3 B : -,r7-X-1 -----‘*- Charles F . Wilson , Attorney--in-fact 4r► 1..1 (NOTARIZATION AND SEAL) J . • R. Shaw ' it. Attorney • I . CAT. NO. NN00737 TO 1945 CA (8-84) (Corporation) J TICOR TITLE INSURANCE Y STATE OF CALIFORNIA COUNTY OF Los Angeles } ss. On February 8 , 1988 before me, the undersigned, a Notary Public in and for t said State, personally appeared lrlk Fujii personally known to me or proved to me on the basis W of satisfactory evidence to be the person who executed s the within instrument as the sr . Vice W z President, and [Ali 1 1 i am R . Willis personally known to me orii. +,':..... % < proved to me on the basis of satisfactory evidence to be �� Flcuf sA� • the person who. executed the within instrument as the a ANGELA M. RYBKA 1 Vice President 7"11j .a�: NOTARY PUBLIC-CALFORNIA �Y �of the Corporation a, Pf?UICIPAI.OFFIrE IN s;;.. that executed the within instrument and acknowledged \ ...4.4.. �Z' jos avetLes COUNTY to me that such corporation executed the within instru- `���; My Commission Exp. Nov. (, 1999 # ment pursuant to its by-laws or a resolution of its board of directors. WITNESS my h yl and official seal. 1 Signature '� 0Ql/ ]-tk.+ (This area for official notarial seal) • e' Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFIQi BALTIMORE.MD. KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corpora- tion of the State of Maryland, by C. M. PECOT, JR. , Vice-President, and C. W. ROBBINS , Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Com- pany, which reads as follows: SEC.2.The President,or any Executive Vice-President,or any of the Senior Vice-Presidents or'Vice-Presidents specially author- ized so to do by the Board of Directors or by the Executive Committee,shall have power,by arid with the concurrence of the Secre- tary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require,or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings,recognizances,stipulations,policies,contracts,agreements,deeds,and releases and assignments of judgments,decrees, mortgages and instruments in the nature of mortgages,and also all other instruments and documents which the business of the Com- pany may require,and to affix the seal of the Company thereto. does hereby nominate, constitute aid appoint Charles F. Wilson of Los Angeles, California its true and lawful agent and Attorney-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings And the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Company,as fully and amply, to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Baltimore, Md., in their own proper persons. The said Assistant Secretary does herd)) certify that the aforegoing is a true copy of Article V!, Section 2, of the By-Laws of said Company,and i. now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 21st day of April , A.D. 19 _.81. ,..4.0.4.4, FIDELITY AND DEPOSIT COMPANY OF MARYLAND ooc►os' ATTEST: _ r 4dSEAL I /\/\ 81/7/L t .a �� \ ( • \ By Assistant Secretary Vice-President STATE OF MARYLAND ` SS: CITY OF BALTIMORE f On this 21 st day of April , A.D. 19 81 before the subscriber, a Notary Public of the State of Maryland,in and for the City of Baltimore,duly commissioned and qualified,came the above-named Vice-President and Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and they each acknowledged the execution of the same,and being by me duly sworn, severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid,and that the seal affixed to the preceding instrument is the Corporat: Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal,at the City of Baltimore,the day and year first above written. J • •: - ! ����� + Notary Public Co .Ission Expires-.Iu7y.--1.,--.1.x$2 °"`` .. CERTIFICATE I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the original Power of Attorney of which the foregoing is a full,true and correct copy,is in full force and effect on the date of this certificate;and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents spe- cially authorized b the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI,Section 2 of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969. RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 8th day of.....February , 19..-.88 LI4ssctr.-012 Assists Secretary FOR YOUR PROTECTION LO.OK FOR THE F&D WATERMARK , 4 STATE OF___ California I. t COUNTY OF Los Angeles ss: On this 8th day of February , in the year 1988 , before me Linda L. Chipman , Notary Public, personally appeared Charles F . Wilson , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument as attorney-in-fact of the Fidelity and Deposit Company of Maryland, the corporation therein named, and acknowledged to me that the corporation executed it. o•-•-•-•-•-•-•-•-•+•-••-•-•-•••-• �~-•+~ ••~••+• '' �4 OFFICIAL SEAL L44-5 `s LINDA L. CHIPMAN �� ( L-�'� ayir �� Notary Public-California Acknowledgement Ceni,c��� ..j ^g,9: Principal Office In '` J Los Angeles County cac,«aM a My Comm. Exp.Apr. 11, 1989 L4427(CAI-3M, i-c, '""1 ,_•-•-•,►.•++++-•+•-•.•-+-•+r++•� 615440' k Premium Included 6c0 d- -- LABOR AND MATERIAL BOND . )1.-/1/6/5". 6'72 8/61�/ KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City of San Juan Capistrano, a municipal corporation of Orange County, California, has awarded to Glenfed Development Corporation , License No. , hereinafter designated as "Principal", a contract for Tract 12262 Const . of offsite improvements ; and WHEREAS, said Principal is required to furnish a bond in connection with the said contract providing that if said Principal, or any of his or its sub-contractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the surety or this bond will pay the same. NOW, THEREFORE, we Glenfed Development Corporation Principal, and Fidelity and Deposit Comnanv of Maryland , as surety, are held firmly bound unto the City of San Juan Capistrano, a municipal corporation, in the penal sum of Two Hundred Fifteen Thous . Three Hun . Eighty Two DOLLARS ($215 , 382 .), lawful money of the United States of America, for payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, if said Principal, his or its heirs, executors, administrators, successors or assigns, or sub-contractors, shall fail to pay for any materials, provisions, provender, or teams, or other supplies or equipment used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor as required by the provisions of Title 1, Division 5, Chapter 3 of the Government Code of California as amended, that the surety will pay for the same in an amount not exceeding the sum specified in this bond and also in case suit is brought upon the bond, a reasonable attorney's fee to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under said act, so as to give a right of action to them or their assigns in any suit brought upon this bond. FURTHER, the said surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder shall in any way affect its obligation on this bond and it does hereby waive notice of any such change, extension of time, alteration or modification of the contract documents or of work to be performed thereunder. As a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. • IN WITNESS WHEREOF three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and surety herein named on the 8th day of February 19 88 . The name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. G1 • f- . D-velopment Corporation PLCIPL By W tAarj4 Fidelity and Deposit Company of Maryland SURETY By • Charles F . Wilson, Attorney-in-fact APPROVED AS TO FORM _ _ R. SHAW, ATTORNEY • • f .416. ECE.11\1f.0 FEB 0 9 1 C,11"1 OF SAN NAN CAPISTRANO CAUPORNIA • k t STATE OF__-__ California COUNTY OF Los Ant,,,ci 8 SS: On this 8 t h day of Feb r u a ry , in the year is 8 8 , before me LINDA L. CHIPMAN , Notary Public, personally appeared • CHARLES F. WILSON , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument as attorney-in-fact of the Fidelity and Deposit Company of Maryland, the corporation therein named,and acknowledged to me that the corporation executed it. ""�'�"�"-'�'•-•••-'• LII OFFICAL SEALLINDA L. CHIPMAN (/ (7�'- Notary Pubc-CaforniaAcknowledgement CenificatoPrincipal Office In Los Angeles County My Comm. Exp. Apr. 11, 1989 L4427(CAI-5M, 7-86 24661.4 H...y,._�.,�........,.r.4..... CAT. NO. NN00737 , TO 1945 CA (8-84) (Corporation) J TICOR TITLE INSURANCE i STATE OF CALIFORNIA COUNTY OF Los Angeles } SS. On February 8 , 1988 before me, the undersigned, a Notary Public in and for t said State, personally appeared Tak Fujii personally known to me or proved to me on the basis W of satisfactory evidence to be the person who executed E the within instrument as the S r . Vice W z President, and William R _ Willis personally known to me or `�� OFFICIAL SEAL • proved to me on the basis of satisfactory evidence to be ANGELA M. RYE3KA • the person who, executed the within instrument as the fi' NOTARY PUBLIC-CALIFORNIA Vice President S f1f}K of the Corporation PRINCIPAL OFFICE IN that executed the within instrument and acknowledged `, LOS ANGELES COUNTY to me that such corporation executed the within instru- ment pursuant to its by-laws or a resolution of its • board of directors. WITNESS my nd and official seal. /� Signature 01 i H . V , , i ,„,__, / (This area for official notarial seal)